5/28/2020
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In contention is the other requisite that the illness claimant suffered must be workrelated.
The POEA contract defines “work-related illness” as “any sickness resulting to disability
or death as a result of an occupational disease listed under Section 32-A of this
contract with the conditions set therein satisfied.”[56] The relevant portions of Section
32-A are as follows:
SECTION 32-A Occupational Diseases
For an occupational disease and the resulting disability or death to be
compensable, all of the following conditions must be satisfied:
(1) The seafarer’s work must involve the risks described herein;
(2) The disease was contracted as a result of the seafarer’s exposure to the
described risks;
(3) The disease was contracted within a period of exposure and under such
other factors necessary to contract it;
(4) There was no notorious negligence on the part of the seafarer.
The following diseases are considered as occupational when contracted
under working conditions involving the risks described herein:
....
11. Cardio-Vascular Diseases. Any of the following conditions must be met:
a. If the heart disease was known to have been present during employment,
there must be proof that an acute exacerbation was clearly precipitated by
the unusual strain by reasons of the nature of his work.
b. The strain of work that brings about an acute attack must be sufficient
severity and must be followed within 24 hours by the clinical signs of a
cardiac insult to constitute causal relationship.
c. If a person who was apparently asymptomatic before being subjected to
strain at work showed signs and symptoms of cardiac injury during the
performance of his work and such symptoms and signs persisted, it is
reasonable to claim a causal relationship.
12. Cerebro-Vascular Accidents. All of the following conditions must be met:
a. There must be a history, which should be proved, or trauma at work
(to the head specially) due to unusual and extraordinary physical or
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